30/60 Day Rule & questions perhaps regarding forms!

[azblk 338]

4 minutes ago, AM1CR1 said:

Hmm okay. That sounds great! We will definitely file it as soon as possible then, my concern was that it is so soon after entering the US that it would seem that she had pre-conceived intention of immigrating. Additionally, what is your take on our contract binding us to $15K as a proof for financial loss? Is that not going to cut it? 

 

Would filing an expedited I-131 perhaps be a mistake? 

 

Like I said earlier intent is determined at the border/airport - once you are inside the country it cant be used against you.

 

You can not file an expedited i-131. You can ask for your i-131 to be expedited after you do your biometrics - right now expediting is getting harder and harder, I dont think the $15K loss will work but all you can do is try.

[AM1CR1 1]

Just now, azblk said:

Like I said earlier intent is determined at the border/airport - once you are inside the country it cant be used against you.

 

You can not file an expedited i-131. You can ask for your i-131 to be expedited after you do your biometrics - right now expediting is getting harder and harder, I dont think the $15K loss will work but all you can do is try.

 

Oh okay. When she entered through Canada, her intent was to come and help me unpack my stuff. Then we spent a few days touring the area and as well as NYC. We then discussed about the possibility of just staying here in the states, so we decided to proceed with the process of filing. Does this sound like it would be okay to the officer reviewing our case? How are we able to explain our situation before they possibly deny it due to how it looks on paper? Is there usually an interview first and then they decide if they deny the application? Or is there usually a process of which they deny it before even interviewing. I apologize for all the questions. 

[AM1CR1 1]

6 minutes ago, Boiler said:

There is no financial loss, that money is spent, you are asking to expedite to attend a party, that does not meet any of the requirements.

Hmm this is somewhat true. Although, the only money that has been spent as of now is the deposit. We don't have to pay the remainder until either the party goes on or if we cancel, we just pay ~$10K to cover the losses. 

[azblk 338]

13 minutes ago, AM1CR1 said:

 

Oh okay. When she entered through Canada, her intent was to come and help me unpack my stuff. Then we spent a few days touring the area and as well as NYC. We then discussed about the possibility of just staying here in the states, so we decided to proceed with the process of filing. Does this sound like it would be okay to the officer reviewing our case? How are we able to explain our situation before they possibly deny it due to how it looks on paper? Is there usually an interview first and then they decide if they deny the application? Or is there usually a process of which they deny it before even interviewing. I apologize for all the questions. 

You cant be denied without an interview unless you clearly do not qualify. You will be ok. The question is when and not if she will get her green card. I bet they will not even ask about why she decided to stay.

[AM1CR1 1]

4 minutes ago, azblk said:

You cant be denied without an interview unless you clearly do not qualify. You will be ok. The question is when and not if she will get her green card. I bet they will not even ask about why she decided to stay.

We're not in any rush as to when she will get the green card, we're more concerned about the plans we had lined up prior to the decision of staying. So our wedding plans for next year is something we actually initially planned on having while staying in Canada but I guess a change of heart happened during our time here in the US. We're just nervous about AP processing times as well! Also, I'd like to thank you so much Azblk for your great information. 

[Boiler 45,404]

I would expect it is more likely that you would get AP is normal time than get an expedite but it is just a guess.

 

Basically going this route introduces unknowns and only you can decide what is more important.

[Crazy Cat 41,687]

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Edited August 3, 2019 by missileman

[AM1CR1 1]

13 minutes ago, missileman said:

Deleted

Actually it has been quite a change. I was initially going to be the only one to stay for the duration of the training because the company had offered me a position in my home city back in Canada. But after further discussion, they have opportunities with staying here. It’s a lot of work to get things all changed and my wife had to send in her resignation with her job in Canada. She was initially just going to stay while we went around sight seeing and enjoying the city but I proposed the idea 

 

[azblk 338]

5 minutes ago, AM1CR1 said:

Actually it has been quite a change. I was initially going to be the only one to stay for the duration of the training because the company had offered me a position in my home city back in Canada. But after further discussion, they have opportunities with staying here. It’s a lot of work to get things all changed and my wife had to send in her resignation with her job in Canada. She was initially just going to stay while we went around sight seeing and enjoying the city but I proposed the idea 

 

No explanation needed. Have you been filing your US taxes even though you lived in Canada?

[Crazy Cat 41,687]

8 minutes ago, AM1CR1 said:

Actually it has been quite a change. I was initially going to be the only one to stay for the duration of the training because the company had offered me a position in my home city back in Canada. But after further discussion, they have opportunities with staying here. It’s a lot of work to get things all changed and my wife had to send in her resignation with her job in Canada. She was initially just going to stay while we went around sight seeing and enjoying the city but I proposed the idea 

 

Adjusting status from a visitor route has proven to be difficult for some due to the inability of the new immigrant to work, drive, open bank accounts, etc.  Hopefully, that won't be an issue for your wife....good luck.

[AM1CR1 1]

1 minute ago, missileman said:

Adjusting status from a visitor route has proven to be difficult for some due to the inability of the new immigrant to work, drive, open bank accounts, etc.  Hopefully, that won't be an issue for your wife....good luck.

 

Yeah it seems like it’s going to be difficult because of those reasons. Although, I think we will be able to get by for the time being, luckily my employment opportunity will be enough to support the two of us I think 

[AM1CR1 1]

6 minutes ago, azblk said:

No explanation needed. Have you been filing your US taxes even though you lived in Canada?

 

I haven’t actually. Because I don’t have taxes to file, I haven’t been employed prior to this. I was in University 

[HRQX 4,145]

3 hours ago, AM1CR1 said:

2. Also would filing in the next week or so risky? I heard that the 30/60 day rule may prevent us from being screened for pre-conceived intent of immigration. 

Not an issue: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

[azblk 338]

9 minutes ago, AM1CR1 said:

 

I haven’t actually. Because I don’t have taxes to file, I haven’t been employed prior to this. I was in University 

Ok that might be a problem. You should start working on getting a cosponsor. They will require most recent tax return and will also ask for earnings for previous 3 years for your i-864.

[AM1CR1 1]

16 minutes ago, azblk said:

Ok that might be a problem. You should start working on getting a cosponsor. They will require most recent tax return and will also ask for earnings for previous 3 years for your i-864.

Oh is this necessary? I thought the purpose of the cosponsor was to ensure I would be making enough to support my wife ? What if I’m able to provide a job offer letter to prove my salary?